The aggression extends to vandalism over trivial matters like food preferences, as seen in Muzaffarnagar, where Dhabas were vandalised and owners assaulted over the presence of onion and garlic. Furthermore, brutal physical assaults have occurred, including a widely condemned incident in Mirzapur where a CRPF jawan was attacked, and civilians and their property were not spared in Meerut and Haridwar.

Supreme Court declines to examine legality of UP Govt’s display of QR code mandate

Moreover, amidst alarming reports of assaults on eatery owners based on their identity, on July 22, 2025, the Supreme Court refused to go into the legality of directives issued by the Uttar Pradesh and Uttarakhand authorities requiring eateries along the Kanwar Yatra route to display QR codes for pilgrims to know owner details, considering the pilgrimage was ending. A bench of Justice MM Sundresh and Justice NK Singh disposed of the applications challenging this mandate, clarifying that sellers must display their licenses and registration certificates as required by law. The bench stated, “We are told that today is the last day of the Yatra. In any case it is likely to come to an end in the near future. Therefore, at this stage, we would only pass an order that all the respective Hotel owners shall comply with the mandate of displaying the licence and the registration certificate as per the statutory requirements. We make it clear that we are not going into the other issues argued. The application is closed” as Live Law reported

The applications, filed by Professor Apoorvanand and activist Aakar Patel, along with TMC MP Mahua Moitra and NGO Association for the Protection of Civil Rights, sought a stay on these directives, arguing they circumvented a previous Supreme Court order from last year prohibiting forced disclosure of seller identities and promoted religious discrimination. 

Senior Advocate Dr Abhishek Manu Singhvi contended that these directives were intended for religious profiling, not quality service, and were a “direct assault” on secularism. Senior Advocate Mukul Rohatgi, for Uttar Pradesh, argued the directions complied with FSSAI regulations, stating some dhabas misrepresented vegetarian food. Justice Sundresh noted that consumers should have the choice to know if a place exclusively serves vegetarian food, especially during a pilgrimage, as reported

Ultimately, the bench declined to delve into contentious issues, deeming the matter infructuous due to the Yatra’s conclusion, advising petitioners to approach the High Court if they wished to challenge it further.

A surge in lawlessness: incidents of hooliganism and violence

As per reports, in the various cities of the UP and Uttarakhand, the Kanwar Yatra has been plagued by a worrying surge in incidents of misconduct. Data from the Mela Police Force Control Room reveals that over 170 Kanwariyas were booked within the first five days alone for serious charges including hooliganism, rioting, blocking highways, obstructing police officials, breach of peace, and wrongful restraint, as Hindustan Times reported.

Targeted harassment of eatery owners and staff

A particularly disturbing trend observed during this year’s yatra is the targeted harassment and vandalism directed at hotel and dhaba owners, often fuelled by communal allegations. In a shocking incident in Muzaffarnagar, members of a saffron outfit, led by Swami Yashveer Maharaj, allegedly attempted to strip eatery staff at ‘Panditji Ka Dhaba’ to verify their religion after scanning a barcode revealed the owner was Muslim, as Deccan Herald reported.

The outfit had deployed hundreds of members to check eateries with Hindu names but Muslim ownership, following a state government directive for eateries to mention owners’ names. This incident, captured in a viral video, led to police booking six individuals, though Swami Yashveer Maharaj vowed statewide agitation if action was taken against his activists, unequivocally stating, “We will, under no circumstances, allow the Muslims to operate eateries along the Yatra route.”

This communal targeting was not isolated. In Haridwar, Kanwar pilgrims verbally abused and harassed a Sikh manager at a Muslim-owned eatery, accusing him of deception for serving tea from a “Muslim stall.” When the manager advocated for religious equality, he was told to “stop using logic.” 

Similarly, in Meerapur, a dhaba was vandalised by Kanwariyas who claimed the Muslim owners had not displayed their identities, further demonstrating a pattern of communal intimidation. 

In Loni, Ghaziabad, on July 10, BJP MLA Nandkishor Gurjar took matters into his own hands, shutting down a meat vendor, citing the Hindu month of Sawan and the Kanwar Yatra, threatening to “take matters into their own hands and break the law” if police didn’t act.

However, the Supreme Court, in July 2024, intervened to prohibit the enforcement of a public notice issued by Muzaffarnagar police, which had directed hotels, dhabas, and shops on the Kanwar Yatra route to display the names of their owners and employees, recognising its discriminatory nature. Vandalism over food preferences and other assaults

Beyond communal angles, Kanwariyas have engaged in vandalism and assault over trivial matters. In Muzaffarnagar on July 7, Kanwar yatris vandalised ‘Tau Hukkewalah Haryanvi Tourist Dhaba’ after alleging that the dal served contained onion and garlic, despite the owner, Pramod Kumar, explaining it was a worker’s mistake. The pilgrims, who had vowed to avoid these ingredients, assaulted staff, damaged furniture, and chased the cook. 

Another similar incident occurred at ‘Balaknath Dhaba,’ where owner Sadhana Pawar tearfully recounted, “I folded my hands but they broke my entire dhaba… They broke my servant’s leg, looted all the money,” simply because a dish accidentally contained onion.

कांवड़ियों का कहर
“मैंने हाथ जोड़े पर उन्होंने मेरा पूरा ढाबा तोड़ दिया”
“मेरे नौकर का पैर तोड़ दिया, पूरा पैसा लूट लिया”
ये बता रही हैं बालकनाथ ढाबे की मालकिन साधना पवार
इनके ढाबे में गलती से कांवड़ियों के खाने में प्याज़ आ गया,पूरा ढाबा ख़त्म
Ground report on our YT channel pic.twitter.com/PYhAHyhoqx

— Saurabh shukla (@Saurabh_Unmute) July 9, 2025

The aggression extended to physical assaults on individuals. In a widely condemned incident in Uttar Pradesh’s Mirzapur, seven Kanwariyas were arrested after brutally punching and kicking a CRPF jawan at the railway station over a dispute regarding train tickets. CCTV footage showed the saffron-clad pilgrims pinning the jawan to the ground in a public display of violence. 

Even innocent civilians and their property have not been spared. In Meerut, three Kanwariyas were injured when a bus grazed them, prompting their fellow pilgrims to vandalise the vehicle, break its window panes, and assault the driver, who subsequently fled. 

A bus driver was attacked by Kanwariyas in Muradnagar Ghaziabad because the bus touched the kanwad in the high traffic area.

Either the UP government should issue lock down orders for general public or stop public transport on the Kanwar route.

Why to put lives in danger? pic.twitter.com/VLJMdatRyi

— Kapil (@kapsology) July 13, 2025

On July 5, 2025, in Manglaur, Haridwar, Kanwar Yatra pilgrims attacked a car carrying a Muslim family, alleging it had hit a Kanwar, and proceeded to assault the driver and passengers while vandalising the vehicle.

Now, authorities, recognising the escalating issues, have attempted to rein in unruly behaviour. The Uttar Pradesh police banned Kanwariyas from carrying sticks, tridents (trishuls), hockey sticks, and similar items across major yatra routes in districts like Meerut, Muzaffarnagar, Shamli, Saharanpur, Bulandshahr, Hapur, and Baghpat. 

Additionally, the use of motorbikes without silencers was prohibited to curb noise pollution and public nuisance. ADG (Meerut Zone) Bhanu Bhaskar affirmed strict enforcement, stating, “The govt has issued clear directives prohibiting it. We are enforcing these strictly, and FIRs are being registered against violators.”

The chief minister’s stance and its implications

Uttar Pradesh Chief Minister Yogi Adityanath’s statements regarding the Kanwar Yatra have been a subject of scrutiny, with critics suggesting they may have inadvertently emboldened some elements. On Sunday, July 20, 2025, the CM alleged that “miscreants” were infiltrating Kanwar groups to defame them on social media, urging “kanwar sanghs” to expose such individuals and keep them away. He stated, “We have to keep in mind that where there is enthusiasm and excitement, where there is faith and devotion, some elements are constantly trying to disturb that enthusiasm and to defame this devotion and faith.” He promised strict action against those captured on CCTV after the yatra concludes, as reported the Indian Express.

Just two days prior, on July 18, 2025, in Varanasi, CM Adityanath had doubled down, alleging the Kanwar Yatra was “deliberately defamed” and its participants labelled as “goons” by elements seeking to “humiliate the heritage of India.” He linked these critics to those who tried to separate tribal communities from India, emphasising, “Today, the Yatra is progressing peacefully and with devotion, yet some label it as unruly. These are the same forces that try to mislead and provoke tribal communities. We must remain alert to such divisive elements” The Hindu reported. 

He even recalled an incident where an arsonist wearing a saffron scarf was shouting “Ya Allah,” attributing such deceptive acts to anti-social elements.

While the Chief Minister condemned the actions of “miscreants” and called for law enforcement to take action, his narrative of external “defamers” and “anti-national elements” potentially provided a shield for unruly behaviour, shifting the blame away from the immediate actions of the Kanwariyas themselves. His public showering of flowers on Kanwariyas in Meerut, alongside other political figures, further projected an image of state endorsement and leniency, which critics argue might have been perceived by some as tacit approval, thus pushing the “courage of anti-elements” to act with impunity, knowing they might be defended as victims of defamation rather than perpetrators of crime.

Tainting the pious purpose 

The increasing reports of violence, aggression, and communal targeting profoundly taint the otherwise pious purpose of the Kanwar Yatra. Mahant Ravindra Puri’s assertion that the yatra is about “compassion” and “penance” stands in stark contrast to the acts of vandalism and assault witnessed. The Supreme Court’s refusal on July 22, 2025, to examine the legality of controversial QR code directives, particularly amidst ongoing reports of targeted assaults on eatery owners based on their identity, further highlights the disconnect between the pilgrimage’s spiritual intent and the real-world incidents. While the Court opted not to delve into the controversial directives, especially given the reported communal targeting, leaves questions about accountability for such violence. 

When a pilgrimage meant to symbolise devotion and sacrifice, following in the footsteps of revered figures like Lord Parshuram and Shravan Kumar, becomes synonymous with road blockades, harassment, and physical violence, its spiritual sanctity is eroded. The incidents not only disrupt public peace and order but also sow seeds of fear and division, fundamentally betraying the yatra’s core values of unity, devotion, and selfless service.

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The post How deviant acts mar the sacred Kanwar Yatra appeared first on SabrangIndia.

While issuing the order after having heard the submission made by the petitioners, the bench stated that “Until the returnable date, we deem it appropriate to pass interim order prohibiting the enforcement of the impugned directives. In other words, the food sellers (including dhaba owners, restaurants, shops, fruits and vegetable sellers, hawkers, etc.) may be required to display the kind of food that they are selling to the Kanwariyas. But they must not be forced to display the names/identities of owners and also the employees, deployed in their respectively establishments. It is ordered accordingly.”

In addition to the interim stay, the Supreme Court also issued notice to states including Uttar Pradesh, Uttarakhand and Madhya Pradesh in three separate writ petitions that had been filed.

Brief about the notice of the state governments

The State governments issued the impugned directive amidst preparations for the annual Kanwar Yatra, a pilgrimage undertaken by Shiva devotees during the monsoon season known as Kanwarias or “Bhole.” In this pilgrimage, the devotees travel to key Hindu pilgrimage sites such as Haridwar, Gaumukh, and Gangotri in Uttarakhand and Ajgaibinath in Sultanganj, Bhagalpur, Bihar, to fetch holy water from the Ganges River. The yatra, traversing through cities including Muzaffarnagar and Ghaziabad, culminates in Delhi.

Initially described as ‘voluntary,’ the state governments’ directive has been widely endorsed by state officials and is now being rigorously enforced across all districts of Uttar Pradesh and Uttarakhand. Additionally, the Uttarakhand Government has issued an oral advisory aligning with this directive as of July 19/20, 2024.

In Uttar Pradesh, on July 18, 2024, the Senior Superintendent of Police, Muzaffarnagar, issued a directive requiring all eateries along the Kanwar route to display the owners’ names. This direction was extended statewide on July 19, 2024.

On July 20, in the face of the growing criticism, UP Chief Minister, Yogi Adityanath, had issues a statement sternly ordering for the enforcement of the said directive to ensure that names and identities of proprietors are displayed to avoid confusion among pilgrims during the Kanwar Yatra. an Uttar Pradesh government spokesperson had also confirmed that the chief minister had issued this directive to ensure that participants of the procession did not get disturbed during their pilgrimage. Additionally, the spokesperson had also provided that CM Yogi will be initiating action against those selling and promoting Halal-certification products. This comes after a directive was issued by the state in November 2023 wherein questions were raised against Halal certification made mandatory by certain organizations for the sale of different products, including vegetarian FMCG (fast growing consumer goods) products and cosmetics products, which don’t require any Halal certification.

On July 21, the civic body in Madhya Pradesh’s Ujjain also directed all shops in its jurisdiction to display their owners’ names and mobile numbers to ensure “customer safety”.

Details of the petitions filed in the Supreme Court can be accessed here. 

Submissions made by the parties during the Court Proceedings

No rationale behind the order: Senior Advocate Dr Abhishek Manu Singhvi made submissions before the Court on behalf of the petitioners. Questions were raised by Singhvi regarding the “rational nexus” behind the directives, by stating that no purpose was being served by the said directives. Singhvi emphasized that the directives have been issued in a clever manner so as to escape the scrutiny of Article 13 of the Indian Constitution. He argued that they fail to comply with the proportionality test, as there is no rational nexus with the aim sought to be achieved, and also briefly spoke about the violation of informational privacy through the directives.

Forced enforcement by police, creation of religious divides: He pointed out that the situation is worrisome as police authorities have taken upon themselves to create a religious divide, by forcefully enforcing these directives on the ground. Singhvi further claimed that the directives would virtually identify the owners and subject them to economic boycotts. Additionally, Singhvi highlighted that even in case the orders were to remain “voluntary”, which they had been camouflaged as, the persons who would not put out the information would be identified and then face exclusion. The counsel also mentioned the fines that have been levied by the authorities by the Madhya Pradesh government for those who will not abide by the directives. Senior Advocate CU Singh, on behalf of petitioners, apprised on the basis of news reports that the directives contemplate fines of Rs. 2000 and Rs. 5000 in case of non-compliance. Singh emphasised that added that although these directives may seem to be voluntary directives, a Chief Minister has issued a statement that the directives would apply in general to all districts. Furthermore, Senior Advocate Huzefa Ahmadi, also representing the petitioners, told the court that the directives may be considered as formal orders because they are issued as public notice under the stamp of the Muzaffarnagar police.

When the bench asked Singhvi whether the impugned directives were formal orders or part of press statement, he clarified that earlier, statements were given in the press, but later, the authorities strictly started enforcing them as even the UP Chief Minister Yogi Adityanath endorsed them.

Domino effect: Referring to other states, Singhvi added that there is possibility of a “domino effect” taking place. Singhvi elaborated how, initially, the directives were passed by Muzaffarnagar police. And now, such similar directives have been issued by Aligarh Municipal Corporation and in other districts as well, leading to domino effect in other States.

Against principles of the Constitution of India: It was further added that the directives go against Article 15(1) of the Indian Constitution, which prohibits identity-based discrimination, as the direction has the potential for the Yatris to restrict themselves from going to shops belonging to the Dalit community. Singh also assailed the fact that many people from minority communities have reportedly lost their jobs leading to the violation of Article 19(1)(g) of the Indian Constitution.

Additionally, it was submitted that the directives impinge upon the preambular promise of secularism and fraternity. Senior counsel Ahmedi also contended that the directives violate Article 17 of the Indian Constitution.

No legal backing regarding display of names, contact details: Drawing the court’s attention to the fact that Kanwar Yatra has been happening in the country for decades, Singhvi beseeched the court to note that people of all religions-Muslims, Christians and Buddhist- have been helping Kanwariyas. As for the issue of vegetarian and non-vegetarian food, he pointed out that there are existing laws which prescribe strict punishment for serving non-vegetarian food to those who prefer vegetarian. 

Pertinently, Singhvi also provided that the Food Safety Standard (Labelling and Display) Regulations, 2020 under the Food Safety and Standards Act, 2006 does not require owners of eateries to display their names, or that of their workers, outside the shops. It was contended that the legislation only requires displaying of two things with respect to food items, that is, calorie component and nature of the food (vegetarian or non-vegetarian).

Singhvi highlighted Regulation 9 of the 2020 Regulations, which states that food service establishments having central licenses or outlets at 10 or more locations shall mention the calorific value against the food items displayed on the menu cards or boards or booklets. Along with this, the logo of vegetarian or non-vegetarian food should also be mentioned. However, these Regulations are not applicable to stalls and eateries that do not have central license or outlets.Taking note of the threshold under 2020 Regulations, Singhvi urged that the court may consider these conditions as general conditions that the law prescribes.

The proceedings also involved mentioning of Section 31 of the 2006 Act, which relates to licensing and registration of food business. Clause 2 of Section 31 clarifies that the requirement of license is not applicable to “petty manufacturer who himself manufactures or sells any article of food or a petty retailer, hawker, itinerant vendor or a temporary stall holder or small scale or cottage or such other industries relating to food business or tiny food business operator”.

Order of the Court

During the hearing. based on the submissions made by the legal representatives of the petitioners, Justice Roy had emphasised that there were three dimensions to the directives, that are, safety, standard and secularism, and all of them were equally important.

In the interim order issued by the Bench, the Court observed that while undertaking the Kanwar Yatra, the devotees abstain from consuming certain food items. 

“The above would suggest that the Kanwariyas in the holy month of Shravan while undertaking the journey to collect water from the river Ganges, do abstain from certain food items in their diet. This can be understood as abstaining from consuming any nonvegetarian food or in the event of those who follow strict vegatarianism, abstaining from consuming even onion and garlic.” (Para 3)

Based on the following observation, the Court pointed to impugned directive requiring the show owners to publish their names and details, along with that of their staff members, to not serve any purpose when it comes to only providing vegetarian food to the Kanwariyas. The Court held that any order ensuring only vegetarian food being served to the devotees as well as maintenance of hygiene would have been permissible by law, but the authorities cannot usurp power under the said disguise.

“It is permissible for the authorities to ensure that the Kanwariyas are served vegetarian food conforming to the preferences and also ensure hygienic standards. In furtherance to this, the competent authority may perhaps issue orders under the Food Safety and Standards Act, 2006 and the Street Vendors Act, 2014. However, the legal powers vested on the competent authority cannot be usurped by the Police, without legal foundation.” (Para 8)

After issuing notices to the standing counsel for the state of Uttar Pradesh, Uttarakhand, S Madhya Pradesh and the government of NCT of Delhi, the bench stayed the directives issued by the state authorities. The Bench asked the food sellers to display the kind of food that is being sold to the Kanwariyas, while deeming it appropriate to restrict any display of the name/identity of the owners and also the employees.

“Until the returnable date, we deem it appropriate to pass interim order prohibiting the enforcement of the impugned directives. In other words, the food sellers (including dhaba owners, restaurants, foods and vegetable sellers, hawkers, etc) may be required to display the kind of food that they are serving to the Kanwariyas. But they must not be forced to display the name/identity of the owners and also the employees, deployed in their respective establishments. It is ordered accordingly.” (Para 13)

The complete order can be read as follows:

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The post Supreme Court stays directive of state forcing food sellers along Kanwar Yatra to display names, states authorities cannot usurp power without legal foundation appeared first on SabrangIndia.

Brief about the notice of the state governments:

The State governments issued the impugned directive amidst preparations for the annual Kanwar Yatra, a pilgrimage undertaken by Shiva devotees during the monsoon season known as Kanwarias or “Bhole.” In this pilgrimage, the devotees travel to key Hindu pilgrimage sites such as Haridwar, Gaumukh, and Gangotri in Uttarakhand and Ajgaibinath in Sultanganj, Bhagalpur, Bihar, to fetch holy water from the Ganges River. The yatra, traversing through cities including Muzaffarnagar and Ghaziabad, culminates in Delhi.

Initially described as ‘voluntary,’ the state governments’ directive has been widely endorsed by state officials and is now being rigorously enforced across all districts of Uttar Pradesh and Uttarakhand. Additionally, the Uttarakhand Government has issued an oral advisory aligning with this directive as of July 19/20, 2024.

In Uttar Pradesh, on July 18, 2024, the Senior Superintendent of Police, Muzaffarnagar, issued a directive requiring all eateries along the Kanwar route to display the owners’ names. This direction was extended statewide on July 19, 2024.

On July 20, in the face of the growing criticism, UP Chief Minister, Yogi Adityanath, had issues a statement sternly ordering for the enforcement of the said directive to ensure that names and identities of proprietors are displayed to avoid confusion among pilgrims during the Kanwar Yatra. an Uttar Pradesh government spokesperson had also confirmed that the chief minister had issued this directive to ensure that participants of the procession did not get disturbed during their pilgrimage. Additionally, the spokesperson had also provided that CM Yogi will be initiating action against those selling and promoting Halal-certification products. This comes after a directive was issued by the state in November 2023 wherein questions were raised against Halal certification made mandatory by certain organizations for the sale of different products, including vegetarian FMCG (fast growing consumer goods) products and cosmetics products, which don’t require any Halal certification.

On July 21, the civic body in Madhya Pradesh’s Ujjain also directed all shops in its jurisdiction to display their owners’ names and mobile numbers to ensure “customer safety”.

Brief about the petition filed by Apoorvanand Jha and Aakar Patel:

As per a report of LiveLaw, the petition filed by Jha and Patel alleges that the said directive goes against Article 14, 15 and 17 of the Constitution, which ensure that no one is discriminated against and everyone is equal before law, and results in disproportional intervention by the state. 

          “The directives issued by the State of Uttar Pradesh and State of Uttarakhand cause disproportionate intervention and affect rights under Articles 14, 15 and 17.”

It is essential to note that post the issuance of the impugned directives, reports had emerged stating that Muslim employees were being fired in the state, especially till the Kanwar Yatra is over. The petition further emphasises upon the negative role that police officers play with such arbitrary powers in their hands, by stating that aggressive police officers have frequently enforced the contested commands with force, and non-compliance has apparently resulted in detentions. Referring to the same, the petition highlights the violation of Article 19(1)(g), which grants an individual the right to practice and profession, as well as Article 21 of the Indian Constitution. 

        “Further the directives also effect rights of those Muslim men who have been fired pursuant to the issuance of the above directives, which is in violation of Article 19(1)(g). Lastly the directives are also in violation of peoples’ right to privacy and to dignity, and consequently violative of Article 21 of the Constitution.”

The petitioners have also maintained that the public notice and its subsequent enforcement are unconstitutional and that the “advisory,” which is then also implemented violently, is an excess of state power.

       “Impugned directives encourage discrimination on grounds of caste and religion and cannot be seen to serve any ‘legitimate purpose.’ These directives promotes discrimination solely based on religious and caste identity, as they do not require the display of food items being served or a statement that no non-vegetarian or non-satvik food is being served, but only the display of religious or caste identity explicit in one’s name. This directly breaches Article 15 of the Constitution of India”, the petitions contended, as per LiveLaw.

Furthermore, the petition also highlighted the impact that such practices will have on the marginalised community as displaying the names of the staff will have the potential to increase the myriad incidents of caste-based discrimination. In view of the same, the petition states that the said directive will bring back the practice of “untouchability,” which is expressly forbidden “in any form” by Article 17 of the Indian Constitution. The petition states that the directive will violate Article 17 forbids the imposition of any kind of handicap resulting from “untouchability” as it would promoting the custom of refusing to accept services from members of particular castes and religions. 

Lastly, the said petition points to the fundamental right to privacy that has been guaranteed to the citizens of India, which will be infringed by the said notice as by forcing the owners and workers of shops and eateries to put out their personal information, including contact details and addresses, might expose them to danger, making them targets.

        “These directives promote discrimination solely based on religious and caste identity, as they do not require the display of food items being served or a statement that no non-vegetarian or non-satvik food is being served, but only the display of religious or caste identity explicit in one’s name. This directly breaches Article 15 of the Constitution of India.”

Brief about the petition filed by MP Mahua Moitra:

As provided by the said petition, the impugned directive and the actions undertaken thereby will exacerbate communal discord and threaten the livelihoods of affected individuals. will worsen social unrest and jeopardize the livelihoods of those impacted. According to the petition, food entrepreneurs give their stores names that appeal to out-of-town visitors, such as pilgrims from Kanwar, but the mandate compels them to alter these names to reflect the entrepreneur’s religious identity.

        “Assuming that the legitimate State aims in question are ensuring respect for dietary choices and maintaining communal harmony, there is no rational nexus between the said aims and the compelled disclosure of the names of the proprietors and staff of eating establishments along the pilgrimage route. There are multiple incidents where non-Muslim food entrepreneurs have failed to comply with the dietary restrictions required by Kanwar Yatris.”

It has been contended by the petitioners that by issuing such directives, the UP government is openly and deliberately targeting Muslim-owned companies, which will led to intimidation and broad economic boycotts. The petition also provides that the said instance of state-sanctioned exclusion or otherisation of the Muslim community will further the divides that have been existing in our society. Since June 2023, anti-social individuals have spread fabricated stories and edited videos online, accusing Muslims of contaminating the food provided to pilgrims. Even during the COVID pandemic, Muslim vendors were demonised on allegations of spitting in food, with the objective of spreading COVID amongst the population. These allegations had resulted in mass targeting and boycott of the Muslim community by the populace. 

         “Since June 2023, the Respondent No. 1 (State of UP) continued to empower and embolden the anti-social elements by actively targeting Muslim owned businesses based on fabricated and malicious information circulated by the anti-social elements. The Respondent No. 1, through acts of commission and omission, created conditions for the complete economic boycott of Muslim minorities on the pretext of their ‘impure’ dietary choices”.

The petition also highlights the issue of mob lynching over the bogey of “beef and cow slaughter”, creating a climate of hatred and intimidation by certain elements. As per the said petition, it is these elements, the far-right extremist groups, that demanded the closure of meat shops along the yatra route. The petition claims that anti-social elements, empowered by the State’s inaction, have propagated inflammatory messages targeting Muslim-owned establishments, leading to a nationwide menace of mob vigilantism and the targeting of Muslim minorities.

The petition further points to threats that Muslim eatery owners received regarding threats of closure in July 2023 and July 2024. There were also reported incidents of WhatsApp messages circulating after identifying Muslim-owned eateries in Muzaffarnagar to prevent Kanwar Yatris from purchasing food from them.

In similar vein as the other petition, the petition filed by Moitra also highlighted the violation of Article 14, 15, 19(1)(a), 19(1)(g) and 21 as the ground for challenging the impugned directive of the UP and the Uttarakhand government. 

In regards to violation of Article 15, the petition contends that the directives constitute pretextual discrimination on grounds of religion as the directives compel the disclosure of personal details, creating an economic boycott of Muslim shop owners and workers.

         “In forcing the disclosure of the names of proprietors and even those of their staff, on the stated ground of respecting pilgrims’ dietary choices, makes it clear that “dietary choices” is a pretext, or a proxy, for the compelled disclosure of personal – and, in this case, religious – identity, through the disclosure of names. The upshot of this is to create a socially-enforced economic boycott on Muslim shop-owners and workers, and the loss of their livelihoods”.

The petition argues that the directives are manifestly arbitrary, disproportionate, and lack any determining principle, violating the right to equality. The petition argues that the directives violate the right to privacy, including informational privacy. The compelled disclosure of personal information lacks legislative authorization and exposes individuals to social persecution, as per the petition. In furtherance to this, the petition submits that the facts of the present case show a legitimate fear of economic reprisal, loss of employment, threat of physical coercion, and public hostility. This is evidenced by intimidatory threats of closure to Muslim-owned eateries, circulation of identifying WhatsApp messages and doctored clips, widespread layoffs of Muslim staff, and coercive closures of dhabas with religion-neutral names, the petition states.

Additionally, the petition asserts that the directions impose unreasonable restrictions on the business activities of eatery owners and food sellers, infringing upon their freedom to carry on any occupation, trade, or business.

         “It is the State’s affirmative obligation to maintain public order. The State cannot outsource or abdicate its obligations by requiring citizens to give up their rights to free speech in order that public order is maintained. This inverts the relationship between the State and the citizen, and amounts to giving in to the “heckler’s veto””.

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The post Two petitions filed in SC challenging UP and Uttarakhand governments’ directive to display name of shop owner and staff for being unconstitutional appeared first on SabrangIndia.

Yes, in one sentence, these are the sons of the soil, who toil hard to make our lives better.

There are three issues involved here. One, which has been projected by the government and that is the rescue effort to save the lives of the people and we must give full credit to those who were involved in it. All the agencies of the government performed this herculean task with a great sense of duty. The result is the government has been able to send a signal to the families of the workers trapped that it cares for their lives and would go to any extent to protect their lives. Perhaps, the government has succeeded in communicating this message. Every government or party does that and the government would take all the credit for the successful operation. So Congratulations to all those who were involved in it.

The second issue is the company engaged in the operation which remained out of sight and out of scrutiny till now. Who gave them the contract and whose company is this? Has it flouted the norms of tunneling in the region where a safe passage ought to have been anticipated in advance? Will accountability be fixed on this company?

And the third is the most important part and it is policy level decisions. How long will you rob the #Himalayas? Will the government and its advisers ever think of maintaining the sanctity of the Himalayas and admit that they cannot really “claim victory over nature”.

Please do not try to tame the Himalayas. If you feel your big machines and experts can tame the Himalayas then you are grossly mistaken.

At the end of the day, it was the rat miners who took us to ultimate ‘victory’. It seems that the government has still not learnt its lessons from various disasters that have been recurring in the Himalayas. This year, Uttarakhand saw terrific rains, landslides, cloudbursts and floods but in the din of an unprecedented crisis that happened due to Himachal rains, it was lost. The fact is that even in Himachal, the massive devastation that has happened was not purely ‘natural’ but purely the outcome of the concretisation process and building of various hydropower projects which we are unable to manage properly.

‘Experts’ with greed feel that states like Uttarakhand are not able to use their maximum potential of the Hydro Power projects and are advising the government to go for bigger projects. The Char Dham High Way has not yet been completed and most of the time the roads are getting ‘thrashed’ by the mountains. We all need good roads but we have to understand the fragility of the Himalayan regions. Anyone familiar with the Uttarkashi region will vouch how sensitive it is. Nobody denies making our roads comfortable but it also needs to be seen how much comfort we want to give to ‘people’. Do not make the region flooded by religious tourists which will ultimately bring destruction.

A small place like Kedarnath, where five thousand people are accommodated at any given time is too high a number; but Kedarnath is hosting lakhs of people. Will it not damage the sacred areas? How are you going to meet the daily needs of the people? Where is the ‘sewage’ system?  It looks as if we don’t really care for what is happening to local people. After the 2013 Kedarnath tragedy, developmental projects have increased incrementally and so have the disasters too. The 2021 disaster at Raini-Tapovan area particularly on Rishiganga-Dhauliganga confluence has shown the might of nature again when the entire hydro power project got swept away, apart from the lives of several hundred workers mostly outside Uttarakhand. Joshimath and many other towns in Uttarakhand are endangered.

So far, not much has been done. After a few months, we forget things.

We request policy planners to think seriously about all the projects in the Himalayas. Maintain the dignity, sanctity and serenity of Himalayas and its sacred rivers worshipped by all. Do not destroy our heritage, for the Uttarakhand region, they are our identity.

The incidents also reveal that the projects in Uttarakhand have, so far, not provided any employment to local people. Whether in Tapovan or Silkyara tunnel, the most of the workers and laborers working are outside the state which reflects how the companies do not trust local people and bring the outsiders to get their things done.

The servile media convert every tragedy into an event and focus on these events so that people don’t discuss the real issue of safety and protection of the Himalayas. As the rescue operation has succeeded and thanks to all those who worked day and night to do this task, it is time, the government to seriously ponder over and order an audit of all the projects in the Himalayan region.

I still remember the warning by legendary Girda about this kind ‘development. He was a visionary. He still reminds us about the Himalayas and development.

Says, Girda,

एक तरफ बर्बाद बस्तियाँ – एक तरफ हो तुम।

एक तरफ डूबती कश्तियाँ – एक तरफ हो तुम।

एक तरफ हैं सूखी नदियाँ – एक तरफ हो तुम।

एक तरफ है प्यासी दुनियाँ – एक तरफ हो तुम।

अजी वाह! क्या बात तुम्हारी,

तुम तो पानी के व्योपारी,

खेल तुम्हारा, तुम्हीं खिलाड़ी,

बिछी हुई ये बिसात तुम्हारी,

सारा पानी चूस रहे हो,

नदी-समन्दर लूट रहे हो,

गंगा-यमुना की छाती पर

कंकड़-पत्थर कूट रहे हो,

उफ!! तुम्हारी ये खुदगर्जी,

चलेगी कब तक ये मनमर्जी,

जिस दिन डोलगी ये धरती,

सर से निकलेगी सब मस्ती,

महल-चौबारे बह जायेंगे

खाली रौखड़ रह जायेंगे

बूँद-बूँद को तरसोगे जब –

बोल व्योपारी – तब क्या होगा?

नगद – उधारी – तब क्या होगा??

आज भले ही मौज उड़ा लो,

नदियों को प्यासा तड़पा लो,

गंगा को कीचड़ कर डालो,

लेकिन डोलेगी जब धरती – बोल व्योपारी – तब क्या होगा?

वर्ल्ड बैंक के टोकनधारी – तब क्या होगा ?

योजनकारी – तब क्या होगा ?

नगद-उधारी तब क्या होगा ?

एक तरफ हैं सूखी नदियाँ – एक तरफ हो तुम।

एक तरफ है प्यासी दुनियाँ – एक तरफ हो तुम।

Girda.

These are the wise words of Girda, the Jankavi of Uttarakhand. They are still valid for all.

Will we ever learn our lesson?

The Himalayas need our attention. They enchant us and give us enormous joy, standing for us as our borders. It is time, we bow to their might and respect them; enjoy the beautiful locales for which a bit of inconvenience should be acceptable to all. You just cannot have all your home luxuries travelling to the abode of nature. Let me say, there can be no luxury then enjoying the beauty of the Himalayas and its supremely pristine rivers and rivulets.

Let us all protect and respect them.

Related:

‘Probe on,’ says CM as frantic effort to rescue 40 men from collapsed tunnel continues

Mizoram Bridge Collapse: 18 of 23 dead Bodies of Migrant Labourers Returned to Bengal

WB: Compensation a far cry for Murshidabad’s Deceased Migrant Labourers

The post Uttarakhand: Saluts to the rat-hole miners, a wake up call to stop exploiting the Himalayas appeared first on SabrangIndia.